Szymborski v. Spring Mountain Treatment Center

The Supreme Court affirmed in part, reversed in part, and remanded a district court order dismissing a complaint against a medical treatment center for failure to attach a medical expert affidavit pursuant to Nev. Rev. Stat. 41A.071. On appeal, Appellant argued that the district court erred in dismissing his complaint because his claims were based in ordinary negligence and not medical malpractice, as determined by the district court, and therefore, an affidavit was not required. The Supreme Court held (1) Appellant’s claims for negligence, malpractice, gross negligence, negligence per se, and negligent hiring, training, and supervision were not for medical malpractice and should not have been dismissed for failure to attach the section 41A.071 affidavit; and (2) Appellant’s claim for professional negligence sounded in medical malpractice and was properly dismissed for failure to attach a medical expert affidavit. View "Szymborski v. Spring Mountain Treatment Center" on Justia Law